Ok the locked box.... Arkansas for one specifies that to transport a fire arm, it must be locked in the trunk with the ammunition in a seperate location. In lieu of a trunk, in a vehicle such as a truck with no trunk, it should be in a locked box placed away from where the driver would have access to it.

If you are doing things legal, you are not trying to break the law, but you are trying to keep some rookie from making something into a legal matter. Trust me when I say this, you can cite all the laws about the illegality of vehicle searches with no probable cause but that is bs, it is done every day. An Indiana officer pushed me out of the way with "get the hell out of the way" as he climbed into the truck to go through my dirty shorts and whatnot making sure I had no firearms or dope in the truck. He then cited me for a parking violation.

In these cases, any disapproval is a "probable cause" you would not mind if you were not hiding anything. By Supreme Court decision, if the freeway is stopped than all vehicles can be searched, but all must be searched, as Bill Clinton did no I 40 in West Memphis while he was Attorney General of Arkansas. If a decision is made to search all vehicles stopped for any reason, this is not a discrimination and can be done. What they can't do is select you for search and no one else in the same condition.

But the locked box does not fall into part of the vehicle search. It is personal effects and must have a search warrant. That will not stop some from opening it, but they have to link the probable cause to what is found inside or it is thrown out of court. For a while I carried a drop safe in my big truck where all paperwork when not needed anymore was dropped. DOT had no records to go over logs trying for a violation.

 

About the best way that has already been mentioned is to become an LEO. However, I don't believe that that will automatically cover you in all instances. I am fairly certain that there are at least a couple of places around this country where you need more than that. The District of Columbia comes to mind.

I am not sure, but I think there are others.....

Matt

 

web site if u wanna hve travles guide to gun laws. the 2005 is just out
http://rvbookstore.com/shop/detail.aspx?m=2&p=367

Davey

 

Thanks for the web sites and info regarding this topic. The post by edwinsmith really got my blood boiling ( no, not you edwinsmith ) but brought back a flashback, you could say. I know this is off subject some ... but.....maybe if there are some law enforcement people on this site, I could get some feed back from them.

In our state they have a rolling DUI checkpoints that they set up on occasion in different areas in the county. I really dont have a problem with them doing that, until they start using the DUI checkpoints for other reasons, ie: seat belt violations, inspections stickers. Anyway, we were coming back from the (local sprint car ) races and went through one of these checkpoints. When I got up to the officer that was stopping people, he shines this GD bright flashlight in my eyes and wont take it off my face. My knee jerk reaction was to get out and KICK THIS GUYS BUTT. But I didn't , instead I turned my head away from he light and, because I did that, he assumed I had something to hide. He proceeded with let play 20 questions and didn't like it when I tole him those questions were one of his business. The usual, where you coming from, where you going , where do you work, those questions.

I finally told him to either get his supervisor over here as I wasn't playing his games. He then let me go.


Now, I went out and bought the BRIGHTEST flashlight I could get and keep it in my truck, as for if this happens again, I have got a surprise for this guy. HE will get it back.

To me this is totally disrespectful to the motorist, and there are other ways to determine if someone has been drinking. I also have eye problems with bright lights and have to wear sunglasses most of the time, year round. Sometimes it bothers me and sometimes its not too bad.


I am not one to let things go very easy. I dont take anyones crap, but usually when it comes to the cops, I can say what I want to without getting arrested, and still get MY point across.
Now, most of this is just a rant but, probably the next best thing to do is tell the officer that his supervisor is needed at my vehicle, and I can take it up with him. Or maybe just pull off the road and go confront him. Either way, no matter what happens, or what the end result is, I wont put up with it again.

 

Good post (rant) but shining a flashlight back at the officer could get you arrested. You can assert your rights and be respectful but do not resist even if they search without your permission. If you physically resist or even touch the officer you can be arrested for battery on a LEO which is a felony. It isn't worth it. However you can politely refuse any searches and if you are asked to step out of your vehicle you should lock your vehicle and refuse to surender the keys. If the officer insists then you must do as he commands but when you get to court later your lawyer can have the evidence thrown out if the officer cannot establish probabe cause for a search. You can also sue the officer and his department for violating your rights for an unlawful search.

Also, I was told by a Florida lawyer that you can also refuse to take a field sobriety test and insist on a blood or urine test. (Note: this may apply only in FL. My lawyer said that you can plead that you have a physical problem which causes you to fail FS test so you can legally insist on the blood test.) The officer MUST have probable cause to take you to a hospital and do a blood/urine test but without a field test he may not have PC. Sort of a catch 22 for cops.

Never answer questions but politely assert your rights. You are under no obligation to answer questions about where you are going or if you have been drinking etc... The 5th amendment still applies.

LEO's cannot search your vehicle without permission and they can only pat you down but cannot physically search your person or effects unless they have PC to arrest you. Anything you say WILL be used as probable cause to search so keep quiet about the 6 pack and the crack pipe.

Edwin

 

Another trick is the officer will ask:
"Do you mind if I search your vehicle?"
How will you answer this?

Yes (meaning Yes I mind) LEO will say "He said yes, consenting to search"

NO (Meaning No you may not search) LEO will state "He said no He didn't mind".

The ONLY way to answer this question is "NO, you do NOT have my permission to search."